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Equal UDS with varying apartment size


05-Jan-2023 (In Civil Law)
we are an apartment block with 16 flats - all varying sizes but having equal UDS we want to redevelop to 20 apartment instead of 16. Now the builder wants to change to proportional UDS instead of Equal UDS based on the flat size, Some owners are losing UDS now because of this change from equal to proportional. We are asking for compensation but the bigger flat owners are not agreeing to compensate and say that Equal UDS is just in agreement and is an imaginary number. Should they not compensate for the lost UDS. After all we paid for equal UDS and the apartment.
Answers (1)

Answer #1
912 votes
With respect to the UDS the terms in the contract will stand and it cannot be changed unilaterally. Equal UDS in the agreement is not just a number as argued by bigger flat owners. They had entered into such agreement with knowledge and consent. Those who get additional UDS must pay for the same unless the adjustment is agreed by all.
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